Verdugo

Defendant Nathan Verdugo was convicted of the first degree murders of Yolanda Navarro and Richard Rodriguez. (Pen. Code, §§ 187, 189.) 1 The jury also found true the multiple-murder special-circumstance allegation, as well as allegations that defendant personally used a firearm, i.e., a shotgun, in each crime. (§§ 190.2, subd. (a)(3), 12022.5, former subd. (a).) At the penalty phase, it returned a death verdict, and the trial court entered a judgment of death. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); Pen. Code, § 1239, subd. (b).) We affirm the judgment.

*269 I. Factual Background

A. Guilt Phase

1. Prosecution evidence

a. Events on October 22 and 23, 1994

On October 22, 1994, defendant went to a Halloween party at the home of Hector Casas in the Glassell Park neighborhood of Los Angeles. The party was well attended, and guests included Lisa Ruvalcaba, Raymond Muro, Paul Escoto, defendant’s friend Michael (Mike) Arevalo, and victims Rodriguez and Navarro. Defendant wore wire-rimmed glasses and drove a black Honda CRX, which had tinted windows and a loud exhaust system.

At one point Lisa Ruvalcaba—who resembled victim Yolanda Navarro— attacked…

I concur in the judgment, but disagree with the majority in their analysis of the admission of an audio cassette, consisting of several Mexican songs, that was played to the jury and that was admitted under the aegis of “victim impact evidence.” In my view, this cassette should not have been admitted.

“In a capital trial, Eighth Amendment principles ordinarily do not prevent the sentencing authority from considering evidence of ‘the specific harm caused by the crime in question.’ (Payne v. Tennessee (1991) 501 U.S. 808, 825 [ 115 L.Ed.2d 720 , 111 S.Ct. 2597 ].) The high court has explained that the prosecution has a legitimate interest in rebutting the mitigating evidence that the defendant is entitled to introduce by introducing aggravating evidence of the harm caused by the crime, ‘ “reminding the sentencer that just as the murderer should be considered as an individual, so too the victim is an individual whose death represents a unique loss to society and in particular to his family.” ’ (Ibid.) ‘[W]e also have found such evidence (and related “victim character” evidence) admissible as a “circumstance of the crime” under section 190.3, factor (a).’ [Citation.] We have…

Defendant Nathan Verdugo was convicted of the first degree murders of Yolanda Navarro and Richard Rodriguez. (Pen. Code, งง 187, 189.) [1] The jury also found true the multiple-murder special-circumstance allegation, as well as allegations that defendant personally used a firearm, i.e., a shotgun, in each crime. (งง 190.2, subd. (a)(3), 12022.5, former subd. (a).) At the penalty phase, it returned a death verdict, and the trial court entered a judgment of death. This appeal is automatic. (Cal. Const., art. VI, ง 11, subd. (a); Pen. Code, ง 1239, subd. (b).) We affirm the judgment.

On October 22, 1994, defendant went to a Halloween party at the home of Hector Casas in the Glassell Park neighborhood of Los Angeles. The party was well attended, and guests included Lisa Ruvalcaba, Raymond Muro, Paul Escoto, defendant's friend Michael (Mike) Arevalo, and victims Rodriguez and Navarro. Defendant wore wire-rimmed glasses and drove a black Honda CRX, which had tinted windows and a loud exhaust system.

At one point Lisa Ruvalcabaโ€”who resembled victim Yolanda Navarroโ€” attacked Michael Arevalo, hitting him in the face with a beer bottle. Arevalo, who was bleeding and…